Yolo County Municipal Code Art. 6 General Requirements

(a) Every residence, place of business, or other building, or place where persons congregate, reside, or are employed, and which cannot be connected to a public sewer system, must be provided with a means of disposal of human excreta, either by water flush toilet connected to an onsite wastewater treatment system that meets the requirements of this chapter, or in special circumstances, and when in the opinion of the Director of Environmental Health it is advisable, a non-discharging wastewater disposal unit that meets the requirements of this chapter.

(b) Every building, structure, or appurtenance that contains one or more waste producing fixtures such as toilets, sinks, showers or baths, clothes washing machines, dish washing machines, animal wash pads, floor drains or other fixture or fitting intended to drain organic or inorganic waste material must be connected to a public sewer system or an approved means of wastewater disposal that meets the requirements of this chapter.

(c) Design, application, construction, operation, maintenance and monitoring of any system shall meet the requirements prescribed by this chapter and the rules, regulations and guidelines contained in the Manual.

(d) No building permit, grading permit or entitlement for other work shall be issued where the proposed work might impact an existing, proposed system and future replacement area without first obtaining approval from DEH.

(e) Fees for installation permits, operating permits, site evaluations, and other entitlements or service requests related to requirements of this chapter shall be an amount established by resolution of the Board of Supervisors and are due and payable at time of application.

(f) Subject to local zoning restrictions and Planning Division approval, multiple buildings on the same or separate lots may be served by a common system, termed either a cluster system or community system, provided the system meets the minimum requirements contained in this chapter and the Manual.

(g) The Director of Environmental Health shall have the authority to issue variances to provisions set forth in the Manual in addition to where explicitly allowed in this ordinance.

(Ord. 1469, eff. July 14, 2016)

Review and approval by the California Central Valley Regional Water Quality Control Board (CVRWQCB) is required for a system in cases where the system:

(a) Has an estimated flow of more than ten thousand (10,000) gallons per day; or

(b) Receives high strength wastewater, unless the waste stream is from a commercial food service building; or

(c) Receives high strength wastewater from a commercial food service building with a biological oxygen demand of higher than nine hundred (900) mg/L, or that does not have a properly sized and functioning oil/grease interceptor; or

(d) Receives a significant portion of recreational vehicle (RV) holding tank wastewater such as RV dump stations; or

(e) Is a public sewer system, or

(f) Is otherwise determined by the Director of Environmental Health to require review by the CVRWQCB.

(Ord. 1469, eff. July 14, 2016)

(a) No person may install, construct, enlarge, replace, repair, modify or abandon a system pursuant to this chapter unless the person is a contractor as defined in this chapter, except as provided in Section 6-19.603(b).

(b) In the case of a standard system, the property owner may construct or repair the system on his/her own property, provided:

(1) For new construction or major repair, the design plans must be prepared and stamped by a qualified system designer; and

(2) An installation permit is obtained and persons hired by the owner to do the work must comply with Section 6-19.603(a); or persons hired by the owner must be hired as employees of the owner and the owner must provide worker's compensation insurance, as required by law.

(Ord. 1469, eff. July 14, 2016)

(a) Installation permit.

(1) No person may install, construct, enlarge, replace, repair, modify or abandon any system without first submitting plans to the Director of Environmental Health for approval and obtaining an installation permit pursuant to the requirements of this chapter.

(2) Installation permits shall remain valid for a period of twelve (12) months from the date initially issued if all original site conditions exist.

(3) The issued installation permit may be renewed one (1) time if additional time is required to complete the construction. The fee to renew the permit shall be one-half (1/2) of the current amount required for a new permit for such work. The renewal request must be made prior to the expiration of the permit. The permit considered for renewal may require review to ensure that there have not been significant changes in technology, knowledge or regulation that may affect the design of the system and require design modifications. Permit renewal procedures shall be followed per the Manual.

(4) The installation permit shall expire and be non-renewable twenty-four (24) months after the date of original issuance.

(5) The permit may be transferred to a new property owner or contractor provided all other information on the application remains the same. The original fee-payer must approve the transfer of any paid fees to the new permit holder in writing.

(6) The Director of Environmental Health may revoke a permit or approval issued by DEH pursuant to this chapter in case of any false statement, omission, or misrepresentation of fact in the application or on the plans on which the permit or approval was based; or the lot has been substantially affected by natural or man-made alterations which could affect the system design or installation.

(7) The Director of Environmental Health may deny a permit renewal or request additional information if in the opinion of the Director the site map review or site evaluation did not adequately assess the site conditions and suitability of system design or installation.

(b) Operating permits.

(1) In addition to an installation permit, an operating permit may be required for an alternative system and non-discharging wastewater disposal unit or where, in the opinion of the Director of Environmental Health, the type, size, location or other aspects of a particular system warrant the additional level of oversight provided by an operating permit.

(2) Owners of systems or units that require an operating permit shall record the following information on the property deed for the benefit of future owners and successors:

i. Notice of the requirement for an operating permit, including all operating permit conditions; and

ii. Reissuance of operating permit to new owners; and

iii. Notices of withdrawal of any operating permit.

(c) Exceptions.

(1) A permit is not required to clear stoppages in pipes, provided the system is undisturbed;

(2) A permit is not required for cleaning of septic tank, dosing tank, interceptor, holding tank, or other sewage receptacle that is pumped or cleaned by a septage pumper that has a valid septage pumper permit in Yolo County;

(3) A permit is not required to expose portion of the system for purpose of evaluating its performance or operation, provided the system is not damaged, altered, modified, or repaired as part of the evaluation;

(4) A permit is not required to add or replace the following components to a system, provided the property owner or contractor notified DEH in writing that the modification was made:

i. Risers and/or lids to a septic tank if the septic tank is not located in an area that is subject to vehicular traffic;

ii. Effluent filter;

(5) A permit is not required to replace the following components to a system, provided the property owner or contractor notified DEH in writing that the modification was made:

i. Sanitary tees, joints, and solid (non-perforated) pipe located upstream to the leach trench;

ii. Distribution boxes.

iii. Mechanical components that are like-for-like, such as float switches, electrical boxes, pumps and blowers.

Nothing in Section 6-19.604 (c) shall provide an exemption from the material, structural, installation and performance requirements of this chapter.

(Ord. 1469, eff. July 14, 2016)

(a) A site evaluation shall be required on every existing or proposed lot prior to obtaining a system installation permit unless waived by the Director of Environmental Health. The site evaluation shall be conducted as described in the Manual.

(b) The site evaluation will examine several factors for approval of a system including, but not limited to, ground slope, soil textural characteristics, effective soil depth, percolation rate, horizontal setbacks, and available area for one hundred percent (100%) system replacement.

(c) The site evaluation shall be conducted by the applicant's qualified professional in coordination with DEH so that DEH personnel may be present for any facet of testing in the evaluation process.

(d) DEH may require that the site evaluation be conducted during high rainfall period of the year as described in the Manual in order to determine the maximum fluctuation of depth to groundwater below the surface of the ground prior to approving a site for feasibility or construction of the system.

(e) DEH may require a new site evaluation or other soil testing if it determines that prior site evaluation approvals were based on testing and/or reporting that was incomplete, insufficient, or incompatible with known information of a given area, or for a site where subsequent excavation or other activities may have altered the suitability of the lot for accommodating the system.

(f) An approved site map review for installation of a system completed prior to the effective date of this ordinance shall expire on May 12, 2018 and shall be unacceptable for purposes of issuing a system installation permit after that date unless the review included a site specific evaluation substantially equivalent to a site evaluation as defined and described in this chapter and the Manual; and the submitted system design meets the currently adopted standards of this chapter and the Manual. For site map reviews which were completed prior to the effective date of this chapter, the Director of Environmental Health may require a resubmittal of system design that meets the purpose and intent of this chapter to protect water quality and public health, including but not limited to requirements for a site evaluation, supplemental treatment and an operating permit, where warranted.

(Ord. 1469, eff. July 14, 2016)

(a) The system must be installed in accordance with the approved system installation permit, approved system design and any permit conditions. Any changes in the installation plans must be reviewed and approved by DEH prior to installation. An as-built drawing shall be submitted prior to final approval to record the final installation location of the system. The as-built drawing shall meet the requirements described in the Manual.

(b) Every system approved after the effective date of this chapter shall be subject to the operation, maintenance, and monitoring program as specified in the Manual.

(c) Except where a two-hundred (200) percent replacement area is required, a replacement area of one-hundred (100) percent of the system shall be reserved for the system repair and/or replacement as described in the Manual. The replacement area shall be indicated on the site map and as-built drawing and shall remain undeveloped, protected from compaction, protected from vehicular traffic, and shall otherwise remain free of conditions that would make it unsuitable as a future replacement area.

(d) The system and system components must be located to be easily accessible for maintenance and repairs.

(e) New and replacement system septic tanks shall be limited to those approved by the International Association of Plumbing and Mechanical Officials (IAPMO) or stamped and certified by a California Registered Civil Engineer as meeting the industry standards, and their installation shall be according to the manufacturer's instructions.

(f) For purposes of system sizing, any room that could be used as a bedroom or potential sleeping room may be assumed to be a bedroom regardless of if it contains a closet or is labeled otherwise.

(g) Except for community systems, the system shall be located on the same lot as the building(s) being served is located. The Director of Environmental Health has the authority to make an exception to this requirement in special situations where due to necessary system repair or replacement an existing dwelling lacks available space on the lot to accommodate a system. In this case a legal easement may be obtained on an adjoining property for purposes of accommodating the replacement system.

(h) The system contractor and/or qualified professional shall provide the system owner with informational materials to inform the system owner about how to locate, operate and maintain the system. The informational material shall also include procedures for the owner in the event of a needed repair, replacement of a component of the system, or system failure. If the system is on a lot with a water well, the informational material shall also include information on testing the well water for indications of system failure.

(1) Any informational material specific to a system shall be provided to the owner by the qualified professional and/or the contractor, with a copy provided to DEH.

(2) Final approval of the system installation shall be contingent upon confirmation by DEH that required informational materials have been provided.

(i) All cluster systems are subject to the operating permit requirements as provided in the Manual. A cluster system may require a dual dispersal field according to the system designer's specifications. Cluster systems shall be required to reserve two (2) replacement areas. If the cluster system is a large system as defined in this chapter, additional requirements for siting, design, operation and maintenance of large systems as specified in the Manual shall also apply.

(j) All community systems shall demonstrate financial viability and assurance to operate, maintain and replace the system at any and all times. Community systems may be required to install dual dispersal fields according to the system designer's specifications. Community systems shall be required to reserve a replacement area that equals at least two-hundred (200) percent of the size of the installed system. The system shall be owned and managed by a homeowner's association or similar. The owner may be required to bond or deposit restricted funds for purposes of demonstrating financial viability for system maintenance, repair or replacement. Prior to final approval, documentation to the satisfaction of the Director of Environmental Health shall be provided that demonstrate legally recorded easements, agreements, established and funded common interest development (e.g. homeowners association), service provider agreements, operating permit and proof of financial assurances. All community systems shall obtain an operating permit and be required to perform regular monitoring, maintenance, and reporting of system performance. If the community system is a large system as defined in this chapter, additional requirements for siting, design, operation and maintenance of large systems as specified in the Manual shall also apply.

(k) Owners of systems shall maintain their system in good working condition including conducting regular inspections, and pumping or cleaning of solids as necessary to maintain proper function and assure adequate wastewater treatment.

(Ord. 1469, eff. July 14, 2016)

No building permit may be issued for any building containing wastewater producing fixtures that is not to be connected to an approved public sewer system without written approval to install a system by DEH.

(Ord. 1469, eff. July 14, 2016)

No building permit shall be issued for an addition, alteration, replacement, repair or destruction of any building or structure served by a system, without review and approval of DEH.

(Ord. 1469, eff. July 14, 2016)

Unless waived by the Director of Environmental Health, no business license shall be issued for a business served by a system, without review and approval of DEH.

(Ord. 1469, eff. July 14, 2016)

(a) No person shall construct, operate or maintain a system that does not comply with the applicable requirements specified in this chapter, the installation permit, the operating permit or the Manual.

(b) No person shall connect any structure, vehicle or mobile home to the system without prior approval of DEH.

(c) No person shall treat or discharge anything other than what is specifically described as domestic wastewater in this chapter, into any system.

(d) No person shall operate a system constructed after the effective date of this chapter that was not installed in accordance with this chapter and the Manual; and any other conditions placed on the installation permit.

(e) No person shall maintain or operate the system for which DEH has issued an order to abandon the system.

(f) No person shall operate or use a failing system.

(g) Unless otherwise specified in this chapter and in the Manual, no person shall maintain or operate a holding tank, or vault privy, except for non-residential and non-commercial limited-use applications, such as primitive-type picnic grounds, campsites, and recreation areas where a system is not feasible, as determined by DEH. Portable toilets may be used on a temporary basis for the events of a short duration, for agricultural purposes, and at constructions sites according to the provisions specified in the Manual.

(i) No system shall be constructed with the intent to connect it to five (5) or more dwelling units constructed on a single lot of real property.

(j) Areas of filled or imported soil or unstable soil formations shall not be used for a system dispersal field or replacement area. The dispersal field shall be located and installed in natural, undisturbed, and unobstructed ground or earth. This limitation does not apply to engineered fill as provided in the Manual.

(k) No system shall be approved that utilizes any form of effluent disposal that discharges on or above the post installation ground surface such as sprinklers, exposed drip lines, free-surface wetlands, or a pond.

(1) No system shall be installed in slopes greater than thirty percent (30%) without a geotechnical report prepared by a California Registered Geotechnical Engineer.

(m) No system utilizing supplemental treatment shall be allowed after the effective date of this ordinance which does not maintain an operating permit requiring periodic monitoring and inspections.

(n) No system shall be allowed which is dedicated to receiving significant amounts of wastes dumped from RV holding tanks.

(o) No system shall be approved where the separation of the bottom of the dispersal field to the high seasonal groundwater is less than two (2) feet.

(p) No dispersal field or replacement area(s) shall be covered by an impermeable surface, such as paving, concrete, asphalt, building foundation slabs, plastic sheeting, or any other material that prevents oxygen transfer to the soil.

(q) No dispersal system shall be subject to activities that result in compaction, or potential damage such as vehicular traffic, large animal enclosure, grading, and placement of paving or building structures.

(r) No system shall be approved within the minimum setbacks to a flood control levee without approval from the agency having jurisdiction to allow installation within the setback.

(s) No system shall be installed in areas subject to flooding unless it is designed per provisions described in the Manual.

(Ord. 1469, eff. July 14, 2016)

The minimum horizontal separation between the components of the system, including the replacement area and site features, shall meet the minimum horizontal setbacks as provided in the Manual. In certain situations the Director of Environmental Health may grant a reduction for a minimum setback under the variance provisions found in the Manual. In cases of allowances for reduced setbacks, the minimum horizontal setback distance shall be met to the greatest extent possible and where required to protect the water quality. Supplemental treatment and/or other mitigation may be required to allow reduction of setback distances.

(Ord. 1469, eff. July 14, 2016)

The vertical setback is the distance measured from the bottom of dispersal trench to the seasonal high groundwater level, fractured rock, or other limiting layer. Soil textural classification should be considered the primary data source for system sizing. Percolation tests may be allowed or required to supplement soil textural classification. When determining soil textural classification, the least permeable layer below the point of dispersal shall be used in determining the vertical setback. Minimum vertical setback distances are provided in the Manual.

Where supplemental system is utilized, minimum vertical setback may be reduced from the requirements that apply to standard systems as provided in the Manual.

(Ord. 1469, eff. July 14, 2016)

(a) The applicant shall grant DEH access to the property for purposes of inspecting a system in accordance with the requirements of this chapter, the Manual, and/or with any conditions specified on the installation permit or operating permit.

(b) A stamped copy of the approved system installation permit must be kept available at the jobsite during the system installation and until the system passes final inspection.

(c) In the case of an owner installed system, additional inspections may be required to assure proper installation of the system.

(d) In the case of a system subject to an operating permit, the service provider may be required to attend the final inspection.

(Ord. 1469, eff. July 14, 2016)

Upon notice from the Director of Environmental Health, any work on a system that is being conducted in violation of this chapter, or in an unsafe or dangerous manner, must stop immediately.

(Ord. 1469, eff. July 14, 2016)

A failing system shall be immediately abated. To every extent possible, a failing system must be brought into compliance with this Code. In case of any failure, malfunction, or breakdown of any system, if not corrected within a time designated by the Director of Environmental Health, the Director of Environmental Health may order or cause corrections to be made and bill the property owner for the costs and may place a lien on the property for the abatement costs. The Director of Environmental Health may condemn the property and order the premises to be vacated if no safe manner of abatement is possible.

(Ord. 1469, eff. July 14, 2016)

Where a failing system may affect or possibly did affect a drinking water well, the owners of possibly affected water wells will be notified of such at the expense of the owner of the failing system. DEH shall notify the owner of any public water system or public water source intake, and the Central Valley Regional Water Quality Control Board as soon as practicable, but no later than seventy-two (72) hours, upon the discovery of a failing system as defined and within the following setbacks:

(a) One-hundred fifty (150) feet from a public water system; or

(b) Four-hundred (400) feet from the high water mark of a watercourse where a public water system intake is within one thousand two hundred (1,200) feet downstream of the system; or

(c) Two-hundred (200) feet from the high water mark of a watercourse where a public water system intake is with one thousand two hundred (1,200) to two thousand five hundred (2,500) feet downstream of the system, or two-hundred (200) feet upstream of the failed system; or

(d) Any situation where in the opinion of the Director of Environmental Health the system failure could impact drinking water quality of a public water system.

(Ord. 1469, eff. July 14, 2016)

DEH shall provide a copy of the system permit application to the owner of a public water system if the proposed system is one (1) of the following:

(a) The proposed system installation is within one thousand two hundred (1,200) feet of an intake point for a surface water treatment plant for drinking water; or

(b) The proposed system is in the drainage catchment in which the intake point is located; or

(c) The proposed system location is such that it may impact water quality at the intake point such as being upstream of the intake point for a flowing water body.

If the owner of the public water system cannot be identified, DEH will notify Division of Drinking Water of the State Water Resources Control Board.

The public water system shall have fifteen (15) days from receipt of the permit application to provide recommendations and comments to the DEH regarding the proposed system.

(Ord. 1469, eff. July 14, 2016)

Every system that has been abandoned or has been discontinued from further use or to which no waste or waste discharge pipe from a plumbing fixture is connected must be destroyed under permit and as specified in the Manual.

(Ord. 1469, eff. July 14, 2016)

(a) No building permit shall be finalized for occupancy, nor shall any Certificate of Occupancy be issued for any building that is not connected to an approved public sewer system or a system as defined in this chapter without written approval of the Director of Environmental Health.

(b) No person may occupy or otherwise use any premises or building that has not been connected to an approved public sewer system or system as defined in this chapter, unless DEH has approved the method of sewage dispersal.

(Ord. 1469, eff. July 14, 2016)

No person shall construct, install, use, or continue to allow in existence any cesspool, seepage pit, or substandard tank intended to hold or treat sewage.

(Ord. 1469, eff. July 14, 2016)

Holding tanks, portable toilets and vault privies are subject to specific siting criteria as specified in the Manual.

(Ord. 1469, eff. July 14, 2016)

Where systems may have cumulative impacts on groundwater and/or watershed conditions due to such factors as the constituent levels (e.g., nitrogen content) in the wastewater, the volume of wastewater flow, the density of the system discharges in a given area, and/or the sensitivity and beneficial uses of water resources in the discharge area, the Director of Environmental Health may require additional technical studies (termed "Cumulative Impact Assessment in the Manual") or other information demonstrating to the satisfaction of the Director of Environmental Health, that use of the proposed system(s) will not create adverse cumulative effects on water quality, public health or safety. A cumulative impact assessment shall be required for any proposed subdivision with an average lot size less than one (1) acre and any proposed large system as defined. It is also required for proposed multi-unit residential projects with three (3) or more units on the same parcel and proposed nonresidential systems where the wastewater design flow is one thousand five hundred (1,500) gallons per day or more. In all cases, such cumulative impact studies will be conducted in accordance with the Manual.

(Ord. 1469, eff. July 14, 2016)

Unless waived by the Director of Environmental Health, the following shall be required when work is performed on a lot where an approved system exists on the lot.

(a) Where proposed construction associated with an existing structure will require system expansion due to an increase in the number of bedrooms or potential sleeping rooms for a residential property, or increase in estimated wastewater flow for a non-residential property, as a condition of building permit approval for the proposed construction, the system must meet the minimum prevailing requirements of this chapter and the Manual.

(b) Where proposed construction associated with an existing or proposed structure on the lot will not require system expansion, prior to building permit issuance the work shall be determined to be outside the minimum setbacks of the system and the system shall be determined to be functioning properly to the satisfaction of DEH. If repairs or improvements are required for the system to function properly the work shall be required as a condition of approval of the associated building permit.

(c) Where improvements and/or expansion of the system is required pursuant to this section, but the required work cannot be made, the Director of Environmental Health will disallow the application and any associated building permit shall not be issued.

(d) Where the existing system does not meet requirements of this chapter, but is functioning safely and cannot be improved, construction will be limited to the remodeling or repair of the existing structure provided the proposed construction on structures served by the system will not increase the number of bedrooms or potential sleeping rooms, or increase projected wastewater flows; or limit the replacement area to less than one hundred percent (100%) of the required size. For purposes of this section, repair means the reconstruction or renewal of any part of an existing building for the purposes of its maintenance. For purposes of this section remodeling means renovating the existing structure, other than an addition of square footage to the structure.

(e) Where conditions are found on the property that require corrective action, such as an illegally installed system, cesspool, abandoned well, unpermitted work, etc., these shall require correction as a condition of building permit approval.

(Ord. 1469, eff. July 14, 2016)

(a) Where any situation or circumstance requires the replacement of the dispersal field, the entire replacement system shall meet the minimum prevailing requirements of this chapter and the Manual.

(Ord. 1469, eff. July 14, 2016)